Workers’ Compensation and Tow Truck Drivers – Death by Dragging

No, this isn’t some kind of vigilante killing or hate crime. When you hear about dragging deaths, the first thoughts that come to mind are some pretty gruesome things (…outside of the act itself).

A Colorado Springs tow-truck driver was dragged to death by a chain behind an SUV he was in the process of towing this past Wednesday…father of two and Iraq War veteran Allen Rose was dragged for over a mile and pronounced dead shortly after at a local hospital.

The towing company says the SUV was being towed because it was illegally parked.

Witnesses say the tow-truck driver’s legs were tangled in some chain. The driver of the SUV is currently in custody and being questioned as to whether he knew he was dragging Rose.

Tow-truck and taxi cab drivers in Colorado fall under some different rules than other workers when it comes to workers’ compensation. Colorado law stipulates that truck and taxi cab drivers fall under what’s known as ‘independent contractors.’

Many employers of these kinds of workers may intentionally mislead their employees into thinking they’re not entitled to full workers’ compensation coverage.

In fact, these occupations have to be covered by either a full Colorado workers’ compensation policy or an equivalent. In order for a worker to be considered an ‘independent contractor,’ they must have some sort of workers’ compensation coverage either paid for by themselves or the employer.

(Our firm is only one of a few that fully understands how ‘independent contractors’ work when it comes to workers’ compensation cases. Some Colorado firms may say you have no case but don’t write anything off unless you have spoken with a Denver injured trucker attorney that fully knows this unique aspect of workers’ compensation law)

In a case like Mr. Allen’s, his spouse and family should be entitled to full workers’ compensation death benefits.

Our condolences go out to the Rose family for the sudden, tragic death of Allen. We hope they can find peace and justice for the loss of their loved one.